Zoning Regulations. Town of Norton, Vermont

Transcription

1 Zoning Regulations Town of Norton, Vermont Revised Bylaw Adopted July 1, 2014

2

3 Bylaw Amendments Date Description Section Affected NORTON ZONING BYLAW Page i

4 TABLE OF CONTENTS SECTION PAGE NUMBER ARTICLE 1: ENACTMENT AND INTENT 1 Section 101: Enactment 1 Section 102: Intent 1 Section 103: Precedence of Bylaw 1 Section 104: Limitations of Bylaw 1 ARTICLE 2: ESTABLISHMENT OF DISTRICTS AND DISTRICT REGULATIONS 3 Section 201: Zoning Maps and Districts 3 Section 202: Official Zoning Map 3 Section 203: District Boundaries 3 Section 204: District Objectives of Land Use Control 3 Section 205: Application of Regulations 3 Section : Rural Residential District 4 Section : Lakeshore and Streambank Overlay District 5 Section : Agricultural and Forest District 6 Section : Flood Hazard Overlay District 6 Section : Required Review in Flood Hazard Areas 8 Section : Development Standards in Flood Hazard Areas 10 Section : Applications for Development in Flood Hazard Areas 13 ARTICLE 3: GENERAL PROVISIONS 19 Section 301: Existing Small Lots 19 Section 302: Required Frontage 19 Section 303: Waiver of Setback Requirements on Non-conforming Lots 19 Section 304: Protection of Home Occupations 19 Section 305: Principal Buildings and Dwellings on Lots 19 Section 306: Required Setbacks 20 Section 307: Equal Treatment of Housing 20 Section 308: Collapsed or Burned Buildings and Structures 20 Section 309: Temporary Uses and Structures 20 Section 310: Landfill 20 Section 311: Recreational Vehicles 20 Section 312: Lighting 21 Section : General Standards 21 Section : Required Review and Exceptions 21 Section 313: Septic Systems 21 Section 314: Forestry 22 Section 315: Off-Street Parking 22 ii

5 ARTICLE 4: STANDARDS FOR SPECIFIC USES 23 Section 401: Accessory Dwelling Units 23 Section 402: Group Homes 23 Section 403: Child Care Facility 23 Section 404: Extraction of soil, sand, gravel, stone or minerals 23 Section 405: Manufacturing and Commercial Uses 24 Section 406: Mobile Home Parks 24 Section 407: Bulk Storage Tank Facilities 25 ARTICLE 5: PLANNED UNIT DEVELOPMENT 26 Section 501: Purpose 26 Section 502: Application Requirements 26 Section 503: Standards for Review 26 ARTICLE 6: ADMINISTRATION AND ENFORCEMENT 28 Section 601: Zoning Administrator 28 Section 602: Planning Commission 28 Section 603: Zoning Board of Adjustment 29 Section 604: Administrative Review 29 Section 604.1: Concurrent Review 31 Section 605: Site Plan Review 31 Section 606: Subdivision of Land 32 Section 607:Conditional Uses 33 Section 608: Appeals of Zoning Administrator Decisions 34 Section 609: Variances 35 Section 610: Public Hearings and Decisions 35 Section 611: Appeals to Environmental Court 37 Section 612: Interested Persons 38 Section 613: Penalties 38 ARTICLE 7: NONCONFORMITIES 40 Section 701: Construction Approved Prior to Adoption of Regulations 40 Section 702: Non-conforming Structures and Uses 40 Section 703: Expansion of Non-conforming Structures and Uses 40 ARTICLE 8: AMENDMENTS, EFFECTIVE DATE 41 Section 801: Amendments 41 Section 802: Effective Date 41 Section 803: Separability 41 Section 804: Repeal 41 Article 9: DEFINITIONS AND WORD USAGE 42 Section 901: Word Usage 42 Section 902: Definitions 42 NORTON ZONING BYLAW Page iii

6

7 ARTICLE 1: ENACTMENT AND INTENT Section 101: Enactment In accordance with the Vermont Planning and Development Act hereinafter referred to as the Act, 24 V.S.A Chapter 117, there are hereby established zoning regulations for the Town of Norton which are set forth in the text and map that constitutes these regulations. These regulations shall be cited as the Town of Norton Zoning Regulations. Section 102: Intent It is the intent of these zoning bylaws to provide for orderly growth and to further the purposes established in Section 4302 of the Act and the Norton Town Plan. Section 103: Precedence of Bylaw The provisions of these bylaws shall not in any way impair or remove the necessity of compliance with any other local, state, or federal laws or regulations. Where these regulations impose a greater restriction the provisions here shall take precedence. Section 104: Limitations of Bylaw The following limitations are placed on this zoning bylaw in accordance with 24 V.S.A. 4413: (1) This bylaw shall not regulate: a. Public utility power generating plants and transmission facilities, which are regulated under 30 V.S.A. Section 248. b. Accepted agricultural practices, as defined by the Secretary of Agriculture, Food, and Markets, including the construction of farm structures, except that a person shall notify the Zoning Administrator of the intent to build a farm structure and shall abide by setbacks approved by the Secretary of Agriculture, Food and Markets. c. Accepted silvicultural practices, as those practices are defined by the Commissioner of Forests, Parks and Recreation under subsection 1021(f) and 1259(f) of Title 10 and section 4810 of Title 6. d. The installation, operation, and maintenance, on a flat roof (having a slope less than or equal to five degrees) of a solar energy device that heats water or space or generates electricity. (2) The following uses may be regulated only with respect to location, size, height, building bulk, yards, courts, setbacks, density of buildings, off-street parking, loading facilities, traffic, noise, lighting, landscaping, and screening requirements, and only to the extent that regulations do not have the effect of interfering with the intended functional use: a. State- or community-owned and operated institutions and facilities. b. Public and private schools and other educational institutions certified by the state department of education. c. Churches and other places of worship, convents, and parish houses. d. Public and private hospitals. e. Regional solid waste management facilities certified under 10 V.S.A. chapter 159. NORTON ZONING BYLAW Page 1

8 f. Hazardous waste management facilities for which a notice of intent to construct has been received under 10 V.S.A. 6606a. (3) Except for State-owned and operated institutions and facilities, a municipality may regulate each of the land uses listed in subdivision (2) of this subsection for compliance with the National Flood Insurance Program and the Norton Flood Hazard Overlay District standards, but shall not have the effect of interfering with the intended functional use. (4) This bylaw shall not prohibit or have the effect of prohibiting the installation of solar collectors not exempted from regulation under subdivision (1)(d) of this section, clotheslines, or other energy devices based on renewable resources. 2

9 ARTICLE 2: ESTABLISHMENT OF DISTRICTS AND DISTRICT REGULATIONS Section 201: Zoning Map and Districts The zoning map officially entitled Town of Norton Zoning Map is hereby adopted in accordance with Section 4414 of the Act as part of this bylaw. The Zoning Map shows a division of the Town of Norton into the following districts: Rural Residential District (RRD) Lakeshore and Streambank Overlay District (LSOD) Agriculture & Forest District (AFD) Flood Hazard Overlay District (FHO) Section 202: Official Zoning Map Regardless of the existence of other printed copies of the zoning map, which from time to time may be made or published, the official zoning map shall be located in the office of the Norton Town Clerk and shall be the final authority as to the current zoning status of the land and water areas, buildings and other structures in the town. Section 203: District Boundaries District boundaries shown within the lines of roads, streams, and transportation rights-of-way shall be deemed to follow the center lines. The abandonment of roads shall not affect the location of district boundaries. When the Zoning Administrator cannot definitely determine the location of a district boundary by such center lines, by the scale or dimension stated on the zoning map, or by the fact that it clearly coincides with a property line, he shall refuse action, and the Planning Commission shall interpret the location of the district boundary with reference to the scale of the zoning map and the purposes set forth in all relevant provisions of the bylaw. Section 204: District Objectives of Land Use Control The following sections establish the objectives, permitted uses, dimensional requirements, and other provisions that apply in each district. A. Permitted and Conditional Uses (1) Permitted uses are uses that may be established by right and require, at a minimum, administrative review by the Zoning Administrator. All permitted uses other than single- and two-family dwellings shall also be subject to Site Plan Review as outlined in Section 605 of this bylaw. (2) Conditional uses are uses that may be established only when the Appropriate Municipal Panel is able to establish that such a use will have no undue adverse effect on all the conditions and standards as outlined in Section 607 of this bylaw. After Administrative Review by the Zoning Administrator, all conditional uses shall be referred to the Appropriate Municipal Panel for Conditional Use Review. Section 205: Application of Regulations NORTON ZONING BYLAW Page 3

10 The application of these Regulations is subject to 24 V.S.A. Sections 4412 and Except as provided by these regulations, no building or structure shall be erected, moved, altered or extended, and no land, building or structure or part thereof shall be occupied or used unless in conformity with the regulations specified for the district in which it is located. Section : Rural Residential District (RRD) Objective: This purpose of this district is to provide for residential and other compatible uses at appropriate densities while protecting the natural resource value of lands which are essentially undeveloped, lack direct access to public roads, are important for wildlife and wildlife habitat, have high potential for commercial forestry use or include significant natural, recreational or scenic resources. Permitted Uses: 1. Accessory use to permitted principal use 2. Accessory dwelling unit* 3. Agriculture** 4. Child Care Facility* 5. Church** 6. Dwelling, single family 7. Dwelling, two family 8. Essential Service ** 9. Forestry operations ** 10. Group Home* 11. Health Care Clinic** 12. Recreation, Outdoor 13. Seasonal Recreational Camp 14. Schools, certified by the State Department of Education** Conditional Uses: 1. Assisted Living Facility 2. Commercial Use* 3. Commercial or professional office 4. Dwelling, multi-family 5. Extraction of soil, sand, gravel, stone or minerals (min 5 acres)* 6. Lodging 7. Manufacturing Use* 8. Mobile home parks (min 5 acres)* 9. Planned Unit Development (min 5 acres)*** 10. Recreational facility (min 5 acres for campgrounds) 11. Solar collectors or other renewable energy device** 4

11 12. Wireless Telecommunications facility** Dimensional Standards: Minimum lot size Minimum lot width/frontage Minimum lot area per dwelling unit Front yard Each side yard Rear yard Maximum height 2 acres 200 feet 1 acre 25 feet 25 feet 25 feet 35 feet * See Article 4 Standards for Specific Uses ** See Section 104 Limitations of Bylaw *** See Article 5: Planned Unit Developments (maximum residential density established through PUD is 1 unit per acre) Section : Lakeshore and Streambank Overlay District (LSOD) Objective: The purpose of this overlay district is to provide management policies consistent with existing development and use, to provide for the beneficial use of public waters by the general public, and to protect areas unsuitable for residential and commercial use. It shall include lands within 100 feet of major streams and bodies of water. (See also FHO District Standards) Permitted Uses: As permitted in underlying district. Dimensional Standards: Lot width/frontage on water body Front Setback, measured from the mean water mark of a lakeshore, or the top of bank of a stream Minimum lot size (as required in the underlying AFD or RRD) Each side yard (as required in the underlying AFD or RRD) Rear yard (as required in the underlying AFD or RRD) 100 feet 100 feet Section General Development Standards in Lakeshore and Streambank Overlay District A. Vegetated Buffer: NORTON ZONING BYLAW Page 5

12 The area of natural vegetation and trees shall be maintained along the shoreline to a depth of 50- feet from the mean high water mark of the lake or stream. The maintenance, but not the enlargement, of lawns, gardens, landscaped areas and beaches in existence as of the date of the adoption of this regulation is permitted. B. Timber Harvesting: Following the Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont, a protective strip of vegetation shall be left along all shoreland areas of at least 50 feet in depth. Log transport machinery must remain outside a 25-foot margin along the stream or water body. Section : Agricultural and Forest District (AFD) Objective: The purpose of the Agricultural and Forest District is to protect lands which are best suited for agricultural and forestry use and are now essentially undeveloped except for uses associated with agriculture. This district contains significant natural features, trail systems and scenic views. Permitted Uses: 1. Accessory use to permitted principal use 2. Accessory dwelling unit* 3. Agricultural** 4. Child Care Facility* 5. Church** 6. Dwelling, Single Family 7. Essential Service ** 8. Forestry operations, primary** 9. Group home * 10. Recreation, Outdoor 11. Seasonal recreational camp Conditional Uses: 1. Planned Unit Development (min 5 acres)*** 2. Recreational Facility (min 5 acres) 3. Solar collectors or other renewable energy device** 4. Wireless Telecommunications facility** * See Article 4: Standards for Specific Uses ** See Section 104 Limitations of Bylaw *** See Article 5: Planned Unit Developments (maximum residential density established through PUD is 1 unit per acre) Area and Dimensions: 6

13 Minimum lot size Minimum lot width/frontage Minimum lot area per dwelling unit Front yard Each side yard Rear yard Maximum height 2 acres 200 feet 1 acre 25 feet 25 feet 25 feet 35 feet Section : Flood Hazard Overlay District (FHOD) A. Objective: The purpose of the Flood Hazard Overlay District is to avoid and minimize the loss of life and property, the disruption of commerce, the impairment of the tax base, and the extraordinary public expenditures and demands on public services that result from flooding; ensure that the design and use of development is reasonably safe and accomplished in a manner that is consistent with public wellbeing, does not impair flood plain services or the stream corridor; manage the flood hazard area designated pursuant to 10 V.S.A. Chapter ; and make the Town of Norton, its citizens, and businesses eligible for federal flood insurance, federal disaster recovery funds, and hazard mitigation funds as may be available. B. Lands to Which these Regulations Apply These regulations shall apply to the River Corridors and Special Flood Hazard Areas (hereafter called hazard areas ) in the Town of Norton, Vermont as described below. These hazard areas overlay any other existing zoning districts and the regulations herein are the minimum standards that must be met before meeting the additional standards applicable in the underlying district. The provisions of these flood hazard regulations shall not remove the necessity of compliance with any other local, state or federal law or regulation. Where these flood hazard regulations impose a greater restriction, the provisions here shall take precedence. These hazard areas include: 1. The River Corridors as published by the Vermont Agency of Natural Resources including the Statewide River Corridors and refinements to that data based on field-based assessments which are hereby adopted by reference. Where River Corridors are not mapped, the standards in VII C shall apply to the area measured as fifty (50) feet from the top of the stream bank or slope. 2. The Special Flood Hazard Area in and on the most current flood insurance studies and maps published by the Department of Homeland Security, Federal Emergency Management Agency, National Flood Insurance Program, as provided by the Secretary of the Agency of Natural Resources pursuant to 10 V.S.A. Chapter , which are hereby adopted by reference and declared to be part of these regulations. C. Warning of Disclaimer of Liability NORTON ZONING BYLAW Page 7

14 This bylaw does not imply that land outside of the areas covered by this bylaw will be free from flood damages. This regulation shall not create liability on the part of the Town of Norton or any municipal official or employee thereof, for any flood damages that result from reliance on this regulation, or any administrative decision lawfully made hereunder. D. Base Flood Elevations and Floodway Limits in Special Flood Hazard Areas In Special Flood Hazard Areas where base flood elevations and/or floodway limits have not been provided by the National Flood Insurance Program in the Flood Insurance Study and accompanying maps, it is the applicant s responsibility to develop the necessary data. Where available, the applicant shall use data provided by FEMA, or State, or Federal agencies. E. Interpretation The information presented on any maps, or contained in any studies, adopted by reference, is presumed accurate. 1. If uncertainty exists with respect to the boundaries of the Special Flood Hazard Area or the floodway, the location of the boundary shall be determined by the Zoning Administrator (ZA). If the applicant disagrees with the determination made by the ZA, a Letter of Map Amendment from FEMA shall constitute proof. 2. If uncertainty exists with respect to the boundaries of the River Corridor, the location of the boundary shall be determined by the ZA. If the applicant disagrees with the determination made by the ZA, a letter of determination from the Vermont Agency of Natural Resources shall constitute proof. Section Required Review in Flood Hazard Areas A. Permit A permit is required from the Zoning Administrator for all development in the Flood Hazard Overlay District. Development that requires conditional use approval or a variance from the Zoning Board of Adjustment under these flood hazard regulations must have such approvals prior to the issuance of a permit by the ZA. Any permit issued will require that all other necessary permits from State or Federal Agencies have been received before work may begin. B. Permitted Development For the purposes of review under these regulations, the following development activities in the Special Flood Hazard area where outside of the floodway and outside of the River Corridors, and meeting the Development Standards in Section , require only an administrative permit from the ZA: 1. Non-substantial improvements to existing structures ; 2. Accessory structures of 500 square feet or less, that represent a minimal investment; 3. Development related to on-site septic or water supply systems; 4. Building utilities; 5. At-grade parking for existing buildings; and, 8

15 6. Recreational vehicles. C. Prohibited Development in Special Flood Hazard Area and River Corridors 1. New residential or non-residential structures (including the placement of manufactured homes); 2. Storage or junk yards; 3. New fill except as necessary to elevate structures above the base flood elevation or for on-site mound septic systems, if it can be demonstrated that no other practicable alternative is available; 4. Accessory structures in the floodway; 5. New critical facilities are prohibited in all areas affected by mapped flood hazards; and, 6. All development not exempted, permitted, or conditionally permitted. D. Conditional Use Review Conditional use review and approval by the Board is required prior to the issuance of a permit by the ZA for the following proposed development in the Flood Hazard Overlay District: 1. Substantial improvement, elevation, relocation, or flood proofing of existing structures. A structure may be reconstructed only in circumstances where the structure cannot be relocated to a less hazardous location on the parcel, or where it can be demonstrated that an alternative location is not practicable; 2. New or replacement storage tanks for existing structures; 3. Improvements to existing structures in the floodway; 4. Grading, excavation; or the creation of a pond; 5. Improvements to existing roads; 6. Bridges, culverts, channel management activities, or public projects which are functionally dependent on stream access or stream crossing; 7. Public utilities not regulated under 30 V.S.A. 248a; 8. Improvements to existing primary structures in the River Corridor that do not expand the footprint of the existing structure more than 500 square feet; 9. Accessory structures in the River Corridor, of 500 square feet or less, that represent a minimal investment; 10. Building utilities in the River Corridor; and, 11. At-grade parking for existing buildings in the River Corridor. E. Exempted Activities The following are exempt from regulation under this bylaw: 1. The removal of a building or other structure in whole or in part; 2. Maintenance of existing roads and storm water drainage; NORTON ZONING BYLAW Page 9

16 3. Silvicultural (forestry) activities conducted in accordance with the Vermont Department of Forests and Parks Acceptable Management Practices; and, 4. Agricultural activities conducted in accordance with the Vermont Department of Agriculture s Accepted Agricultural Practices (AAP). Prior to the construction of farm structures the farmer must notify the ZA in writing of the proposed activity. The notice must contain a sketch of the proposed structure including setbacks. F. Variances Variances may be granted in writing by the Board only in accordance with all the criteria in 24 V.S.A. 4469, 4424 (E), and 44 CFR Section 60.6, after a public hearing noticed as described in Section 610 of this bylaw. 1. A variance for development within the River Corridor may be allowed if, based on a review by VT ANR, it is determined that the proposed development will not obstruct the establishment and maintenance of fluvial geomorphic equilibrium for the watercourse. 2. Any variance issued in the Special Flood Hazard Area will not increase flood heights, and will inform the applicant in writing over the signature of a community official that the issuance of a variance to construct a structure below the base flood elevation increases risk to life and property and will result in increased flood insurance premiums up to amounts as high as $25 for $100 of coverage. Such notification shall be maintained with a record of all variance actions. G. Nonconforming Structures and Uses 1. Nonconforming structures or uses shall be considered abandoned where such structures or uses are discontinued for more than 12 months. Section Development Standards in Flood Hazard Areas The criteria below are the minimum standards for development in the flood hazard areas. Where more than one zone or area is involved, the most restrictive standard shall take precedence. A. Special Flood Hazard Area 1. All development shall be: a. Reasonably safe from flooding; b. Designed, operated, maintained, modified, and adequately anchored to prevent flotation, collapse, release, or lateral movement of the structure; c. Constructed with materials resistant to flood damage; d. Constructed by methods and practices that minimize flood damage; e. Constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; 10

17 f. Adequately drained to reduce exposure to flood hazards; g. Located so as to minimize conflict with changes in channel location over time and the need to intervene with such changes; and, h. Required to locate any fuel storage tanks (as needed to serve an existing building in the Special Flood Hazard Zone) a minimum of one foot above the base flood elevation and be securely anchored to prevent flotation; or storage tanks may be placed underground, if securely anchored as certified by a qualified professional. 2. Structures to be substantially improved in Zones A, A1-30, AE, and AH shall be located such that the lowest floor is at least one foot above base flood elevation, this must be documented, in as-built condition, with a FEMA Elevation Certificate; 3. Non-residential structures to be substantially improved shall: a. Meet the standards in Section A.2 above; or, b. Have the lowest floor, including basement, together with attendant utility and sanitary facilities be designed so that two feet above the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; A permit for flood proofing shall not be issued until a registered professional engineer or architect has reviewed the structural design, specifications and plans, and has certified that the design and proposed methods of construction are in accordance with accepted standards of practice for meeting the provisions of this subsection. 4. Fully enclosed areas below grade on all sides (including below grade crawlspaces and basements) are prohibited. 5. Fully enclosed areas that are above grade, below the lowest floor, below BFE and subject to flooding, shall: a. Be solely used for parking of vehicles, storage, or building access, and such a condition shall clearly be stated on any permits; and, b. Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Such designs must be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria: A minimum of two openings on two walls having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. NORTON ZONING BYLAW Page 11

18 7. Recreational vehicles must be fully licensed and ready for highway use; 8. A small accessory structure of 500 square feet or less that represents a minimal investment need not be elevated to the base flood elevation in this area, provided the structure is placed on the building site so as to offer the minimum resistance to the flow of floodwaters and shall meet the criteria in Section A. 5 (above). 9. Water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems. 10. Sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. 11. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 12. The flood carrying and sediment transport capacity within the altered or relocated portion of any watercourse shall be maintained, and any alteration or relocation shall not result in any decrease of stream stability; 13. Bridges and culverts, which by their nature must be placed in or over the stream, must have a stream alteration permit from the Agency of Natural Resources where applicable. 14 Subdivisions and Planned Unit Developments must be accessible by dry land access outside the special flood hazard area. B. Floodway Areas (NOTE: the Town of Norton does not currently have any FEMAmapped Floodway areas. This section would apply to any newly mapped Floodways developed and supplied to the Town.) 1. Encroachments or development above grade and less than one foot above the base flood elevation, are prohibited unless hydrologic and hydraulic analyses are performed in accordance with standard engineering practice, by a registered professional engineer, certifying that the proposed development will: a. Not result in any increase in flood levels (0.00 feet) during the occurrence of the base flood; b. Not increase any risk to surrounding properties, facilities, or structures from erosion or flooding. 2. Public utilities may be placed underground, and the analyses may be waived, where a registered professional engineer certifies that there will be no change in grade and the utilities will be adequately protected from scour. 12

19 C. River Corridors 1. Improvements to existing structures, and any associated fill as needed to comply with elevation requirements in the Special Flood Hazard Area shall not decrease the distance between the existing primary building and the top of bank; 2. Accessory structures may be located within 50 feet of the existing primary building provided that the location does not decrease the distance between the existing primary structure and the top of bank. 3. Development shall not increase the susceptibility of that or other properties to fluvial erosion damage; 4. Development shall not increase the potential of materials being swept onto other lands or into the stream and causing damage to other properties from fluvial erosion; 5. Development shall not cause an undue burden on public services and facilities including roads, bridges, culverts, and emergency service providers during and after fluvial erosion events. 6. Bridge and culvert projects must have a Stream Alteration Permit, if applicable; and 7. Channel management activities must be authorized by the Agency of Natural Resources. Section Applications for Development in Flood Hazard Areas A. Applications for development shall include: a. The name and contact information for the owner of the property, including any agents authorized to act on their behalf; b. A thorough description of the proposed development; c. General location map including the address of the property, tax parcel ID, relative locations of the existing development and the nearest public road; d. Where applicable, a site plan that depicts the proposed development, all water bodies, Special Flood Hazard Areas, any existing and proposed drainage, any proposed fill, and pre and post development grades, and the elevation of the proposed lowest floor, as referenced to the same vertical datum as the elevation on the current Flood Insurance Rate Maps; e. A Vermont Agency of Natural Resources Project Review Sheet for the proposal. The Project Review Sheet shall identify all State and Federal agencies from which permit approval is required for the proposal, and shall be filed as a required attachment to the municipal permit application. The identified permits, or letters indicating that such permits are not required, shall be submitted to the ZA and attached to the permit before work can begin; f. If this is an appeal for a variance, then the appeal application must include responses to the criteria set forth in 24 VSA 4469, 4424 (E), and CFR 60.6 g. Three (3) copies of the application, including one to be forwarded to the State National Flood Insurance Program Coordinator at the Vermont Agency of Natural Resources, Department of Environmental Conservation, River Management Program; and, h. The appropriate fee as determined by the Selectboard. NORTON ZONING BYLAW Page 13

20 B. For applicants seeking conditional use approval, or a variance, the following also need to be provided: a. A list of abutters names and mailing addresses; b. A statement of purpose and need for the proposed development; c. A description of the alternatives considered to the proposed development, including alternate locations on site, especially outside of the hazard area; d. Such pertinent information as identified in the regulations or deemed necessary by the Board for determining the suitability of the proposed development for the site; e. Copies of the application sufficient for the file, the Board members, the State National Flood Insurance Program Coordinator, and additional parties such as the VT DEC Stream Alteration Engineer and adjacent communities if affected under Section C.2 (below) ; and, f. Any additional fees as required by the Selectboard C. Referrals 1. Upon receipt of a complete application for a substantial improvement or new construction the ZA shall submit a copy of the application and supporting information to the State National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural Resources, in accordance with 24 V.S.A A permit may be issued only following receipt of comments from the Agency, or the expiration of 30 days from the date the application was mailed to the Agency, whichever is sooner. 2. If the applicant is seeking a permit for the alteration or relocation of a watercourse, copies of the application shall also be submitted to the adjacent communities, the Stream Alteration Engineer at the Vermont Agency of Natural Resources, and the Army Corps of Engineers. Copies of such notice shall be provided to the State National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural Resources, Department of Environmental Conservation. A permit may be issued only following receipt of comments from the Vermont Agency of Natural Resources, or the expiration of 30 days from the date the application was mailed to the Vermont Agency of Natural Resources, whichever is sooner. The Board should consider comments from the NFIP Coordinator at ANR. D. Public Notice 1. Prior to the issuance of a permit, proposals needing conditional use review, or approval for a variance, must have a warned public hearing. A copy of the application shall be submitted to VT ANR at least 30 days prior to the date of the public hearing. Public notice of the hearing shall be provided at least 15 days notice before the date of the hearing, in accordance with Section 610 of this bylaw. E. Decisions 14

21 1. The Zoning Administrator shall act within 30 days to approve or deny the application, or refer the application to the Board. Applications that cannot be approved in compliance with this bylaw shall be denied. The decision shall be issued in writing and include a statement of the factual bases on which the conclusions were made. Decisions of the Zoning Administrator can be appealed as below. If the ZA fails to act within the 30-day period, a permit shall be deemed issued on the 31 st day. 2. The Board shall consider comments from the NFIP Coordinator at ANR. The Board may recess the proceedings on any application pending submission of additional information. The Board should close the hearing promptly after all parties have submitted the requested information, adjourn the hearing, and may deliberate prior to issuing its decision. 3. Decisions by the Board shall include a statement of the factual basis on which the Board has made its conclusions regarding how the proposed development will meet the development standards, and a statement of the conclusions. In rendering a decision in favor of the applicant, the Board may attach additional reasonable conditions and safeguards as it deems necessary to implement the purposes of this bylaw and the municipal plan then in effect. Board decisions shall be conditioned to assure that all necessary permits must be also received from those government agencies from which approval is required by Federal, State or Municipal law for the approval to be valid. The Board may provide for the conditioning of permit issuance on the submission of a bond, escrow account, or other surety in a form acceptable to the legislative body of the municipality to assure one or more of the following: the completion of the project, adequate stabilization, or protection of public facilities that may be affected by a project. 4. Decisions of the Board shall be issued in writing within 45 days after the adjournment of the final hearing. All decisions shall be sent by certified mail to the applicant, and the appellant in matters on appeal. Copies of the decision shall also be mailed to every person or body appearing and having been heard at the hearing. The decision will include a notice that an Interested Person may appeal the decision within 15 days. F. Records 1. Within three days following the issuance of a permit, the Zoning Administrator shall: a. Deliver a copy of the permit to the Listers of the municipality; and b. Post a copy of the permit in at least one public place in the municipality until the expiration of 15 days from the date of issuance of the permit. 2. Within 30 days after a municipal land use permit has been issued or within 30 days of the issuance of any notice of violation, the Zoning Administrator shall: NORTON ZONING BYLAW Page 15

22 a. Deliver the original or a legible copy of the permit, or notice of permit, and any approvals to the municipal clerk for recording in the land records as provided in 24 VSA, 1154(a), and 4449; b. File a copy of the permit and any approvals in the municipal office in a location where all municipal land use permits shall be kept; and, c. The Zoning Administrator may charge the applicant for the cost of the recording fees as required by law. 3. The Zoning Administrator shall properly file and maintain a record of: a. All permits issued in areas covered by this bylaw; b. Elevation Certificates with the as-built elevation (consistent with the datum of the elevation on the current Flood Insurance Rate Maps for the community) of the lowest floor, including basement, of all new or substantially improved buildings (not including accessory buildings) in the Special Flood Hazard Area c. All flood proofing and other certifications required under this regulation; and, d. All decisions of the Board (including variances and violations) and all supporting findings of fact, conclusions and conditions. G. Permit Validity Each permit issued shall: 1. Contain a statement of the period of time within which an appeal may be taken 2. Require posting of a notice of permit on a form prescribed by the municipality within view from the public right-of-way most nearly adjacent to the subject property until the time for appeal in has passed. 3. Not take effect until 15 days after issuance, or in the event that a notice of appeal a decision by the Zoning Administrator is properly filed, no such permit shall take effect until adjudication of that appeal by the Board is complete and the time for taking an appeal to the environmental court has passed without an appeal being taken. If an appeal is taken to the environmental court, the permit shall not take effect until adjudication by the environmental court; and, 4. Be valid for a period of two years. H. Appeals Appeals of decisions of the Zoning Administrator and the Board may be made in accordance with the provisions outlined in Sections 608 and 611 of this bylaw. I. Certificate of Occupancy In accordance with Chapter , it shall be unlawful to use or occupy, or permit the use or occupancy of any land or structure, or part thereof, created, erected, changed, converted, or 16

23 wholly or partly altered or enlarged in its use or structure within Special Flood Hazard Area until a certificate of occupancy is issued therefore by the Zoning Administrator, stating that the proposed use of the structure or land conforms to the requirements of these regulations. A certificate of occupancy is not required for structures that were built in compliance with all local bylaws at the time of construction and have not been improved since the adoption of these regulations. Within 14 days of the receipt of the application for a certificate of occupancy, the ZA shall inspect the premises to ensure that all permits identified on the Project Review Sheet have been acquired and all that all work has been completed in conformance with the zoning permit and associated approvals. If the ZA fails to grant or deny the certificate of occupancy within 14 days of the submission of the application, the certificate shall be deemed issued on the 15 th day. If a Certificate of Occupancy cannot be issued, notice will be sent to the owner and copied to the lender. J. Enforcement and Penalties It shall be the duty of the Zoning Administrator to enforce the provisions of these regulations. Upon determination that a violation exists, the Zoning Administrator shall notify the alleged offender of the violation by certified mail. 1. The notice of enforcement shall state that: a) A violation exists; b) That the alleged offender has an opportunity to cure the violation within seven days of receipt; c) That failure to cure the violation may result in fines and/or loss of flood insurance; d) That the alleged offender will not be entitled to an additional warning notice for a violation occurring after the seven days within the next succeeding 12 months; and, e) That the notice of violation may be appealed as specified in Section H above; 2. Copies of the notice of violation will be: a) Mailed to the Vermont NFIP Coordinator and, within 30 days be b) Filed in the land use permit files; and, c) Delivered to the municipal clerk for recording in the land records. 3. After seven days, if the violation has not been remedied, in accordance with 24 VSA Chapter a, and Chapter and 4452; any person who is found to have violated this bylaw shall be fined by the court not more than $ for each offense. No action may be brought under this section unless such notice as required in has been given as described above in this part. In default of payment of the fine, the violator shall pay double the amount of the fine. Each day that a violation is continued shall constitute a separate offense. NORTON ZONING BYLAW Page 17

24 4. If any appeals have been resolved, but the violation remains, the ZA shall submit a declaration to the Administrator of the National Flood Insurance Program requesting a denial of flood insurance to the violator. The declaration shall consist of: (a) the name of the property owner and address or legal description of the property sufficient to confirm its identity or location, (b) a clear and unequivocal declaration that the property is in violation of a cited State or local law, regulation, or ordinance, (c) a clear statement that the Zoning Administrator making the declaration has authority to do so and a citation to that authority, (d) evidence that the property owner has been provided notice of the violation and the prospective denial of insurance, and (e) a clear statement that the declaration is being submitted pursuant to Section 1316 of the National Flood Insurance Act of 1968, as amended. 5. Violations of the Accepted Agricultural Practices shall be enforced under this Section as violations of this bylaw. Such violations shall also be immediately reported to the Secretary of Agriculture for enforcement under 6 V.S.A. Section

25 ARTICLE 3: GENERAL PROVISIONS Section 301: Existing Small Lots Any lot in existence on the effective date of these zoning regulations may be developed for the purposes permitted in the district in which it is located, even though not conforming to minimum lot size requirements, provided that: 1) the lot was legally created in accordance with the zoning bylaws in effect at the time of its creation; 2) the lot is not less than one-eighth acre in area with a minimum width or depth dimension of forty feet; and 3) required setbacks for new development are maintained. Section 302: Required Frontage Lots which abut on more than one street shall provide the required frontage along every street. No land development may be permitted on lots which do not either have frontage on a public road or public waters or, with the approval of the Planning Commission, access to such a road or waters by a permanent easement or right of way of record at least twenty feet in width. Applications for development requiring approval of access and frontage shall follow the same requirements and process as applications subject to Site Plan Review under Section 605 of these regulations and shall be reviewed and approved by the Planning Commission in accordance with Section 4464 of the Act. Section 303: Waiver of Setback Requirements on Non-conforming Lots Setback requirements can be reduced on a pre-existing, non-conforming lot subject to Conditional Use Review by the Zoning Board of Adjustment without the need for a variance if: (1) the lot cannot be developed in strict conformance to the minimum setback requirements set forth in the district regulations because of inadequate lot size; and (2) the reduced setback represents the least reduction needed that will afford relief, and (3) if within the Lakeshore and Streambank Overlay District, the setback will be at least 50 feet from the mean water mark of lakes and the top of bank or slope of streams; and (4) the other requirements of this bylaw are satisfied. Section 304: Protection of Home Occupations No regulation may infringe upon the right of any resident to use a minor portion of a dwelling for an occupation which is customary in residential areas and which does not change the character thereof. Section 305: Principal Buildings and Dwellings on Lots There shall be only one principal building or dwelling on a lot, except for accessory dwellings as permitted in Article 4 of these regulations, or in accordance with a Planned Unit Development approved in accordance with Article 5 of these regulations. NORTON ZONING BYLAW Page 19

26 Section 306: Required Setbacks All structures, whether attached to the principal structure or not, and whether open or enclosed, including porches, carports, balconies, or platforms above normal grade level, shall not project into any minimum front, side, or rear yard, with the exception of steps. Section 307: Equal Treatment of Housing No provision of this bylaw shall have the effect of prohibiting mobile homes that are mounted on a masonry foundation with wheels removed, modular housing, or other forms of prefabricated housing, except upon the same terms and conditions as conventional housing is prohibited. No provision of this bylaw may have the effect of excluding from the municipality housing to meet the needs of the population as determined in accordance with 24 V.S.A. 4382(c). Section 308. Collapsed or Burned Buildings and Structures (1) Debris from dilapidated structures and structures that have been damaged by fire or any other cause shall be removed within one year. (2) The property owner shall secure any state permits for demolition and clearing work, if required. (3) Unless repair or reconstruction of a dilapidated or damaged structure is substantially commenced within one year, excavated portions of the lot shall be filled and smoothed to natural grade. Section 309: Temporary Uses and Structures Temporary permits may be issued by the Zoning Administrator for a period not exceeding one year, for non-conforming uses incidental to construction projects, provided such permits are conditioned upon agreement by the owner to remove the structure or use upon expiration of the permit. Such permits may be renewed upon application for an additional period not exceeding one year. Section 310: Landfill In any district, dumping of refuse and waste material for landfill is prohibited. Loam, soil, rock, stone, gravel, cinders and other inert materials may be used for landfill to grades approved by the Zoning Administrator, after approval by the Planning Commission under Site Plan Review. Section 311: Recreational Vehicles It shall be unlawful for any person to park a recreational vehicle on any public or private property, except as follows: 1. The owner of a recreational vehicle may park it on his own property in the rear or side yards. A vehicle so parked shall not be used as living quarters and shall not be hooked up to any utilities. 2. Temporary visitors may use a recreational vehicle as living quarters when visiting residents or as a bona fide vacation or recreational camper with the permission of the landowner; however, such users may not place a recreational vehicle in a location and use it repeatedly during the course of several visits over an extended season. 20

27 Section 312: Lighting General Standards To ensure appropriate lighting while minimizing its undesirable effects, the following general standards shall apply to all outdoor lighting: A. All outdoor lighting shall be kept to the minimum required for safety, security, and intended use, consistent with the character of the area in which it is located. B. Permanent outdoor lighting fixtures shall not direct light upward or onto adjacent properties, road, or public waters; and shall not result in excessive lighting levels which are uncharacteristic of a rural area. C. Outdoor lighting fixtures shall be cast downward and shall be designed to avoid glare and harsh contrasts in color and/or lighting levels. D. Whenever possible outdoor lighting fixtures shall have timers, dimmers, and/or sensors to reduce energy consumption and eliminate unneeded lighting. E. Outdoor lighting fixtures for non-residential uses shall be illuminated only during hours of operation Required Review and Exceptions 1. The installation or replacement of all outdoor lighting fixtures shall require a permit, except for the following: A. One- or two-unit residential structures, B. Active farms, and C. Holiday lighting 2. Outdoor lighting installations involving two or fewer permanent fixtures may be approved the by Zoning Administrator, provided that no single bulb exceeds 150 watts, and that the total wattage of the bulbs does not exceed 300 watts. All other outdoor lighting installations, except for those exceptions identified in above, are subject to Site Plan Review by the Planning Commission. 3. For outdoor lighting installations subject to Site Plan Review or Conditional Use Review, the Appropriate Municipal Panel may require the following: A. Information regarding exterior lighting fixtures, including fixture type, mounting locations and heights, illumination levels and distribution, and color; B. A lighting plan, prepared by a qualified engineer or lighting expert; C. The underground placement of electrical service to outdoor lighting fixtures; D. The use of security or street lighting if unusual or hazardous conditions require it. Security lighting, if required by the Appropriate Municipal Panel, shall be shielded and aimed so that only designated surfaces are illuminated; and E. Street lighting, if deemed necessary by the Appropriate Municipal Panel, for safety or security, such as at road intersections, pedestrian crossings, or walkways. 4. The Appropriate Municipal Panel may waive or modify the requirements of this section if it finds that such a modification or waiver is needed for public safety, or to meet an overriding public purpose, such as the illumination of a public building or monument. NORTON ZONING BYLAW Page 21